Mayhall Fondren Blaize

March 2017 Archives

Important case weighs in on coastal oil and gas law issues

Many Louisiana readers are aware that the state's first coastal lawsuit was filed in 2013 and has made its way through the appellate process. That oil and gas lawsuit was dismissed at the lower level. In a recent ruling, the United States Court of Appeals for the Fifth Circuit upheld the lower court's decision.

Business litigation entails a continuing process of negotiations

Business disputes in Louisiana and elsewhere follow a general procedural pattern in many instances. The disputing entities often engage in preliminary negotiations, either independently or through their chosen counsel. If the dispute is not settled in the early stages, then one or both parties will take the matter to court by filing a business litigation case. Business litigation is not generally intended to be a straight path toward trial; instead, the attorneys for each disputing side will continue to pursue a settlement resolution as the litigation progresses.

Business litigation firms assail pending ALI contracts treatise

Louisiana and other states recognize the Restatement of the Law publications put out by the American Law Institute (ALI). For example, there are Restatements on Torts, Real Estate and other legal subjects. The courts at times will adopt a section of the Restatement as controlling in a legal dispute, or will at least cite the relevant Restatement provision as influential or supportive of the court's decision. The Restatement sections published by the ALI can therefore be important secondary sources for attorneys who are embroiled in business litigation matters.